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(영문) 창원지방법원 2018.08.30 2018고합65
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 30, 2017, around 13:20 on September 30, 2017, the Defendant went to the “D” located in the Kimhae-si C market and became aware of the victim E (the name, age, 21) who is a disabled person of class 3 intellectual disability.

The defendant, while dialogueing with the victim, was aware that the victim is a disabled person with an intelligence falling off, and was willing to commit an indecent act by using the victim's state where the victim's ability to determine the situation or ability to cope with it is insufficient.

The Defendant, at around 13:28 on the same day, moved the victim to the “I” office operated by himself/herself in approximately 11km away from his/her G cargo vehicle that was parked in front of the F Studio in Kimhae-si, Kim Jong-si.

At around 14:17 on the same day, the Defendant: (a) closed the door of the Defendant’s “I”; (b) close the door to the victim’s “I”; and (c) knife the victim’s hand, knife the victim seated at the bed; and (d) knife her sexual organ after putting the pande and panty, and then “I knife as I knife”; and (c) the victim said “I knife off and knife the door,” but the victim said “I knife, I knife, I knife, I knife, I knife, I knife, and I knife I knife, I knife.”

The victim was frightened with a large sound, she was frightened with the victim, she was frighted against the victim, she was placed behind the victim, she was frighted with the victim's clothes, placed his/her fingers into the victim's clothes, and her breasts were frighted with the victim's fingers into the victim's panty, and the victim's fingers and her b

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made against J, K, L, and victims in each capacity;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to K and victims;

1. Records of statements made by victims;

1. A report (sexual assault);

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